july 2019 agenda item 03 - meeting agendas (ca state board ... · web viewfifth, proposed section...

California Department of EducationExecutive Office

SBE-003 (REV. 11/2017)pptb-adad-jul19item02

California State Board of EducationJuly 2019 Agenda

Item #03SubjectEnglish Language Proficiency Assessments for California: Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 11518, 11518.5, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.37, 11518.40, 11518.45, 11518.50, 11518.75, and 11518.77.

Type of ActionAction, Information

Summary of the Issue(s)Approval of the finding of emergency for amendments to Title 5 of the California Code of Regulations (5 CCR) sections 11518, 11518.5, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.37, 11518.40, 11518.45, 11518.50, 11518.75, and 11518.77 is necessary to comply with the California Education Code sections 313 and 60810. The regulations which govern statewide English language proficiency testing must be as clear, efficient, and effective as possible to ensure the federal requirement of producing valid, reliable, and fair statewide testing results and the timely reporting of those results. Specifically, the proposed changes must be enacted on an emergency basis because these amendments are necessary to ensure that California continues to produce valid, reliable, and fair statewide testing results and ensures timely reporting of those results.

The California Department of Education (CDE) has begun work for the transition of the paper-based English Language Proficiency Assessments for California (ELPAC) to the same online delivery system as the California Assessment of Student Performance and Progress (CAASPP) program. Enactment of Assembly Bill No.1808 (Chapter 32, subsection (64) and Section 141) provides the statutory authority and basis for this transition to an online test delivery system. Section 141 specifically provides that the

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computer-based ELPAC will use the same test delivery system as CAASPP. This transition is in alignment with the contract that the State Board of Education (SBE) approved in November 2018. This shift to an online test delivery system introduces new terms, substantially expands embedded and non-embedded universal tools, designated supports and accommodations, allows for quicker electronic score reporting for grades three through twelve, and provides a statewide streamlined process for the completion and retention of test security affidavits and agreements. Based on these changes, amendments to the current ELPAC regulations are necessary so that testing will continue without interruption.

RecommendationThe CDE is recommending that the SBE take the following actions:

Approve the Finding of Emergency.

Adopt the proposed amended emergency regulations.

Direct the CDE to circulate the required Notice of Proposed Emergency Action and then submit the emergency regulations to the Office of Administrative Law (OAL) for approval.

Authorize the CDE to take any necessary action to respond to any direction or concern expressed by the OAL during its review of the Finding of Emergency and proposed emergency regulations.

Brief History of Key IssuesIn May 2016, the SBE approved the commencement of the rulemaking process for the ELPAC. The OAL expressed concerns regarding the necessity and clarity of the proposed ELPAC regulations. Subsequently, the CDE withdrew the regulation package in order to address the OAL’s concerns. In March 2017, based on feedback from the OAL, the CDE resubmitted to the SBE changes to the proposed regulations. The ELPAC regulations were approved on June 5, 2017, and became operational on October 1, 2017.

The summative ELPAC became operational on February 1, 2018, and the initial ELPAC became operational July 1, 2018. Based on feedback regarding the first operational summative ELPAC, the SBE approved emergency regulations as well as the commencement of the rulemaking process for amendments to the ELPAC regulations in July 2018. In November 2018, the SBE re-adopted the emergency regulations and approved the permanent rulemaking file. The OAL approved the regulations on January 1, 2019.

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In order to have accessibility resources available for students for the 2019–20 ELPAC administration and provide clear and consistent guidance to local educational agencies (LEAs), the CDE is proposing the following amendments to the regulations:

Amendment to section 11518(c) to clarify that alternate assessments or the Alternate ELPAC, when operational, are for students with the most significant cognitive disability(s)

Proposed new definitions in subsections 11518(e), (f), (g), (al), (as), and (at) for clarity on new terms for the ELPAC transition from a paper-based administration to an online test delivery system

Proposed definitions in subsections 11518(h) and (av) for two new roles for individuals to assist in test administration to ensure a student’s unobstructed ability to access the assessment

Revisions in subsections 11518(l), (ae), and (an) to clarify language regarding electronic signatures

Proposed definitions in subsections 11518(n) and (aa) to distinguish the accessibility resources as embedded or non-embedded for the transition from paper-pencil administration to an online test delivery system

Proposed definitions in subsections 11518(o) and (ap) for accessibility resources available in an online test delivery system; these proposed definitions are included because users may be less familiar in the early stages of this transition

Proposed definition in subsection 11518(u) is included to define instructional supports for the proposed additional language in subsections 11518.5(d), 11518.15(b), and 11518.30(f)

Proposed definition in subsection 11518(aj) is added to comply with federal guidance specifying criteria that the individual education program team consider to determine whether students with the most significant cognitive disabilities are eligible for an alternate assessment

Proposed definition in subsection 11518(aw) to provide clear criteria for the role of translator for the ELPAC administration. Translators may provide test directions in a student’s primary language

Proposed language in subsection 11518.5(d) to describe the initial ELPAC administration and score reporting in an online test delivery system; this is consistent with the CAASPP program

Proposed language in subsection 11518.15(b) to incorporate language as it pertains to the summative ELPAC administration and score reporting in an online test delivery system; this is consistent with the CAASPP program

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Proposed language in subsection 11518.25(d) is added because, due to the integrated task design of the Alternate ELPAC, individual domains cannot be excluded in the calculation of the overall score

Proposed language in subsection 11518.30(b) is added to clarify that once the Alternate ELPAC is operational, pupils identified with the most significant cognitive disabilities will no longer be given the locally-determined alternate assessments

Proposed language in subsections 11518.30(c), (d), (e), and (f) is added to provide information that is specific to the criteria for the administration of an alternate assessment. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed language in subsection 11518.35(a) is added to identify embedded universal tools available for the administration of the ELPAC in an online test delivery system. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed revision in subsection 11518.35(b) to identify non-embedded universal tools available for the administration of the ELPAC. Previously, the ELPAC was solely a paper-based administration; all resources were considered non-embedded but not specifically identified as such in the existing regulations. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed language in subsections 11518.35(b)(6) through (b)(9) is added to identify new non-embedded universal tools available for the administration of the ELPAC. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed language in subsection 11518.35(c) is added to identify embedded designated supports available for the administration of the ELPAC in an online test delivery system. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed revision in subsection 11518.35(d) to identify non-embedded designated supports available for the administration of the ELPAC. Previously, the ELPAC was solely a paper-based administration, all resources were considered non-embedded but not specifically identified as such in these regulations. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

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Proposed language in subsections 11518.35(d)(1), (d)(2), (d)(4), (d)(6), (d)(7), (d)(9), (d)(10), (d)(11), (d)(12), (d)(13), and (d)(14) is added to identify new non-embedded designated supports available for the administration of the ELPAC. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed language in subsection 11518.35(e) is added to identify embedded accommodations available for the administration of the ELPAC. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed revision in subsection 11518.35(f) to identify non-embedded accommodations available for the administration of the ELPAC in an online test delivery system. Previously, the ELPAC was solely a paper-based administration and all resources were considered non-embedded but not specifically identified as such in these regulations. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed language in subsections 11518.35(f)(1), (f)(2), (f)(3), (f)(4), and (f)(9) is added to identify new non-embedded accommodations available for the administration of the ELPAC. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed deletion of language from former subsections 11518.35(f)(2), (f)(4), (f)(9), and (f)(11) because these accommodations are encompassed in new proposed resources. Based on the construct being measured, these accessibility resources were determined using the same multitiered approach of the CAASPP program

Proposed deletion of language from former subsection 11518.35(d) due to a test registration feature of online test delivery system; unlisted resources are identified in a different manner and proposed section 11518.37 outlines these procedures

Proposed section 11518.37 is added to align the ELPAC with the CAASPP program delivery system for requesting unlisted resources in the online test delivery system; this provides the procedures for LEAs to follow to request unlisted resources and also includes the impact if a non-approved unlisted resource is used

Proposed addition of language to subsection 11518.40(a) and (b)(12) to include the Alternate ELPAC in the list of assessments within the LEA ELPAC coordinator duties in this section

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Proposed addition of language to subsection 11518.40(b) to clarify that the list of LEA ELPAC coordinator duties in this section are annual duties

Proposed addition of language to subsection 11518.40(b)(4) for the LEA ELPAC coordinator to electronically agree to the ELPAC Test Security Affidavit and ELPAC Test Security Agreement; this is in alignment with the CAASPP program

Proposed deletion of language from subsection 11518.40(b)(4) because the LEA ELPAC coordinator no longer has to locally retain the ELPAC Test Security Affidavit and ELPAC Test Security Agreement; these documents will be managed in an electronic record keeping environment. This is consistent with the CAASPP program

Proposed addition of language to subsection 11518.45(a) and (b)(8) to include the Alternate ELPAC in the list of site ELPAC coordinator duties in this section

Proposed addition of language to subsection 11518.45(b) to clarify that the list of site ELPAC coordinator duties in this section are annual duties

Proposed addition of language to subsection 11518.45(b)(3) regarding the requirement that the site ELPAC coordinator to electronically agree to the ELPAC Test Security Affidavit and ELPAC Test Security Agreement. These documents will be managed in an electronic record keeping environment where documents may be electronically agreed to; this is in alignment with the CAASPP program

Proposed addition of language to subsection 11518.45(b)(5) for the site ELPAC coordinator to monitor the electronic completion of the ELPAC Test Security Affidavit for all site level employees who will be in contact with the ELPAC test materials; this is in alignment with the CAASPP program

Proposed deletion of language from subsection 11518.45(b)(6) because the site ELPAC coordinator no longer must locally retain the ELPAC Test Security Affidavit; these documents will be managed electronically. This is in alignment with the CAASPP program

Proposed addition of language to subsections 11518.50(a), (b), (c), (c)(2), (c)(6), (d), (e)(4), and (e)(12) to clarify that the appropriate persons can electronically agree to the ELPAC Test Security Affidavit and ELPAC Test Security Agreement. These documents will be managed and will be able to accept electronic agreement in an electronic record keeping environment; this is in alignment with the CAASPP program

Proposed addition of language to subsections 11518.50(c) and (e) to identify the Alternate ELPAC on the test security affidavit and the test security agreement

Proposed deletion of language from subsections 11518.50(c)(6) and (e)(12) because the following elements all are recorded in an electronic environment and

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no longer need to be completed by the user; this is in alignment with the CAASPP program

Proposed revision in section 11518.50(d) to include test navigation assistant and designated interface assistant to the list of individuals required to electronically agree to the test security affidavit

Proposed addition of language to subsection 11518.50(e)(10) to include the term embedded as it is now used to distinguish the manner in which an accessibility resource is used

Proposed addition of language to subsections 11518.75(b)(9), (b)(10), and (c) which allows the LEAs to select appropriate resources to be activated in the system on a student-by-student basis. This registration information is also imperative for the accurate reporting of student scores

Proposed addition to section 11518.77 which provides the appeals procedures for an online test delivery system. This aligns with the CAASPP program and provides LEAs with the procedures for reopening, resetting, restoring, or requesting a grace period extension for testing

Summary of Previous State Board of Education Discussion and ActionIn November 2018, the CDE provided the SBE with updates on CAASPP System activities, requested approval of the proposed contract amendment for the CAASPP contract with ETS to include the integration of the ELPAC, and requested approval of the proposed contract amendment to the University of California, Santa Cruz (UCSC) interagency agreement to provide an educator reporting system (https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08.docx)(https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08a1.pdf)(https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08a2.pdf)(https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08a3.pdf)(https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08a4.xlsx)(https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08a5.pdf)(https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08a6.xlsx).

In November 2018, the SBE approved the readoption of the emergency ELPAC regulations (https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item13.docx).

In November 2018, the SBE approved the permanent rulemaking of ELPAC regulations to be sent to the OAL for approval (https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item14.docx).

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https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item14.docx


https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08a6.xlsx

https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08a5.pdf

https://www.cde.ca.gov/be/ag/ag/yr18/documents/nov18item08a4.xlsx






In October 2018, the CDE provided the SBE with an Information Memorandum that provided an update on the SSR for 2018–19 and beyond (https://www.cde.ca.gov/be/pn/im/documents/memo-pptb-adad-oct18item01.docx).

In September 2018, the CDE provided the SBE with updates on the CAASPP System, including a presentation on the electronic reporting pilot (https://www.cde.ca.gov/be/ag/ag/yr18/documents/sep18item03.docx).

In July 2018, the SBE approved the emergency regulations while conducting the proposed rulemaking process(https://www.cde.ca.gov/be/ag/ag/yr18/documents/jul18item04.docx).

In July 2018, the SBE approved the commencement of the rulemaking process for the proposed amendments to the ELPAC regulations (https://www.cde.ca.gov/be/ag/ag/yr18/documents/jul18item05.docx).

In June 2018, an Information Memorandum was presented to the SBE to provide an update on the ELPAC(https://www.cde.ca.gov/be/pn/im/documents/memo-pptb-adad-jun18item02.docx)(https://www.cde.ca.gov/be/pn/im/documents/memo-pptb-adad-jun18item02a01.pdf).

In March 2017, the SBE approved the commencement of a second 15-day public comment period for the proposed ELPAC regulations (https://www.cde.ca.gov/be/ag/ag/yr17/documents/mar17item20.doc).

In November 2016, the SBE approved the commencement of a 15-day public comment period for the proposed ELPAC regulations (https://www.cde.ca.gov/be/ag/ag/yr16/documents/nov16item07.doc).

In May 2016, the SBE approved the commencement of the rulemaking process for the proposed ELPAC regulations (https://www.cde.ca.gov/be/ag/ag/yr16/documents/may16item01.doc).

Fiscal Analysis (as appropriate)An Economic and Fiscal Impact Statement is provided as Attachment 4.

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https://www.cde.ca.gov/be/ag/ag/yr16/documents/may16item01.doc

https://www.cde.ca.gov/be/ag/ag/yr16/documents/nov16item07.doc

https://www.cde.ca.gov/be/ag/ag/yr17/documents/mar17item20.doc

https://www.cde.ca.gov/be/pn/im/documents/memo-pptb-adad-jun18item02a01.pdf

https://www.cde.ca.gov/be/pn/im/documents/memo-pptb-adad-jun18item02.docx

https://www.cde.ca.gov/be/ag/ag/yr18/documents/jul18item05.docx

https://www.cde.ca.gov/be/ag/ag/yr18/documents/jul18item04.docx

https://www.cde.ca.gov/be/ag/ag/yr18/documents/sep18item03.docx

https://www.cde.ca.gov/be/pn/im/documents/memo-pptb-adad-oct18item01.docx


Attachment(s) Attachment 1: Finding of Emergency (7 pages)

Attachment 2: Emergency Regulations (29 pages)

Attachment 3: Notice of Proposed Emergency Action (2 pages)

Attachment 4: Economic and Fiscal Impact Statement (STD. 399) (5 pages)

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pptb-adad-jul19item02Attachment 1

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ATTACHMENT 1: FINDING OF EMERGENCYEnglish Language Proficiency Assessments for California (ELPAC)

The State Board of Education (SBE) finds that an emergency exists and that the emergency regulations adopted are necessary to avoid serious harm to the public peace, health, safety, or general welfare, especially the welfare of pupils attending California’s public schools.

SPECIFIC FACTS DEMONSTRATING THE EXISTENCE OF AN EMERGENCY AND THE NEED FOR IMMEDIATE ACTIONOverviewThe proposed amendments to California Code of Regulations, title 5 (5 CCR), sections 11518, 11518.5, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.37, 11518.40, 11518.45, 11518.50, 11518.75, and 11518.77 must be adopted on an emergency basis in order to proceed in a timely manner with the 2019–20 administration of the initial and summative English Language Proficiency Assessments for California (ELPAC) pursuant to the requirements of Education Code section 60810. The purpose of the proposed amendments is to ensure the correct, efficient, and standardized administration of the initial and summative ELPAC according to required state and federal guidelines and to maintain accuracy, reliability, validity, and fairness of measures and timely reporting of the test results, in so doing, prevent harm to the public peace, health, safety, and general welfare of pupils.

BackgroundPursuant to Education Code section 60810, 5 CCR sections 11517.6 to 11519.5 were developed by the California Department of Education (CDE) to conform the regulations to the Education Code. These regulations, initially approved by the SBE on June 5, 2017, were approved by the Office of Administrative Law (OAL) on October 1, 2017. Under these newly-adopted regulations, the first operational administration of the summative ELPAC took place February 1 through May 31, 2018, and the initial ELPAC became operational July 1, 2018.

In the ongoing effort to improve the administration procedures and to provide clarifying information to local educational agencies (LEAs) for the ELPAC, additional changes for supporting a smooth test administration with valid, reliable, and fair test results are identified as critical and were presented to the SBE in July 2018, subsequent to the first operational administration. In July 2018, the SBE approved emergency regulations as well as the commencement of the rulemaking process for amendments to the ELPAC regulations. The proposed regulations included revised definitions, requirements, responsibilities and guidelines for the administration, accessibility resources, test security, reporting, and apportionment related to the ELPAC. A 45-day public comment period was held from July 27, 2018 through September 10, 2018. No public comments were received during this public comment period, nor during the public hearing held on

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September 10, 2018. In November 2018, the SBE re-adopted the emergency regulations and approved the permanent rulemaking file to be submitted to OAL for final approval. The OAL approved the regulations on January 1, 2019.

The CDE has begun work for the transition of the paper-based ELPAC to the same online test delivery system as the California Assessment of Student Performance and Progress (CAASPP) program. This transition is in alignment with the contract that the SBE approved in November 2018. Enactment of Assembly Bill No.1808, Chapter 32, subsection (64) and Section 141 provides the statutory authority and basis for this transition to an online test delivery system. Section 141 specifically provides that the computer-based ELPAC will use the same test delivery system as CAASPP. This shift to an online test delivery system requires new terms, substantially expands embedded and non-embedded universal tools, designated supports and accommodations, allows for quicker electronic score reporting for grades three through twelve, and provides a statewide streamlined process for the completion and retention of test security affidavits and agreements.

Specific Basis for the Finding of EmergencyThe regulations which govern statewide English language proficiency testing must be as clear, efficient, and effective as possible to ensure the federal requirement of producing valid, reliable, and fair statewide testing results and the timely reporting of those results. Specifically, the proposed changes must be enacted on an emergency basis because these amendments are necessary to ensure that assessments for the 2019–20 administrations of ELPAC continue to produce valid, reliable, and fair statewide testing results and ensures timely reporting of those results so that individual students are correctly classified as English learners which provides the access to legally required language services.

First, the transition of the paper-based ELPAC to the same online delivery system as the CAASPP program substantially increases the availability of accessibility resources. As a paper-based assessment, the ELPAC only had non-embedded resources in the areas of universal tools, designated supports, and accommodations. This transition to the same online delivery platform as CAASPP enables the ELPAC to leverage the available embedded resources. Embedded resources are only available in an online delivery. The proposed subsections 11518.35(a), (c), and (e) are all new resources available to the ELPAC administrations that are based on the construct being measured; these accessibility resources were determined using the same multitiered approach of the CAASPP program. There are also proposed additions and revisions to subsections 11518.35(b), (d), and (f) to provide further alignment across the assessment systems, as well as increasing the available accessibility resources. The inclusion of proposed section 11518.37 provides further support for LEAs who may need to request an unlisted resource(s) for students. Individualized education program (IEP) teams and Section 504 Plan teams are currently meeting, and by adopting these regulations on an emergency basis, ensures that appropriate accessibility supports can

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be incorporated into pupils’ IEPs or Section 504 Plans by the next administration of the ELPAC. Similarly, this allows LEAs the opportunity to have educators and students use the accessibility resources prior to administration.

Second, two proposed roles, designated interface assistant and test navigation assistant are being added to the ELPAC regulations’ definitions, in proposed section 11518, subdivisions (h) and (av) to support pupils in the administration of the online test delivery system for ELPAC. These roles, for both the initial and summative ELPAC, support students who may need assistance navigating the online assessment platform or have difficulty with keyboarding. These necessary supports need to be approved, on an emergency basis, to ensure that the online assessment platform is not an obstacle for test takers.

Third, the CDE’s contract with the testing contractor now provides for electronic score reporting as well as electronic record keeping. Procedures and guidance related to test security and test reporting must be updated to address these transitions. In addition, the proposed amendments to regulations in section 11518.40, 11518.45, and 11518.50 include clarifying language related to electronic record keeping and the electronic agreements to security affidavits. The goal of these proposed changes is to introduce efficiencies; for example, streamlining the receipt of signed security agreements and security affidavits by the LEA coordinators and site level users, including site coordinators. Previously, LEA coordinators had to maintain paper copies of agreements and affidavits signed by site coordinators. Likewise, site coordinators had to maintain paper copies for anyone on their site who would administer or have access to secure ELPAC testing materials. This online electronic agreement reduces the burden of maintaining paper copies.

Fourth, proposed language is added regarding students with the most significant cognitive disabilities and alternate assessments. The CDE is in the primary stages of developing a statewide alternate assessment of English language proficiency. Once operational, this assessment will be administered statewide for eligible students and LEAs will no longer administer a locally-determined alternate assessment. The proposed definitions added, along with the proposed criteria in subsection 11518.30 provides further consistency among the California assessment system. These regulations need to be approved on an emergency basis to provide LEAs with the appropriate guidance for IEP teams to make informed decisions regarding alternate assessments.

Fifth, proposed section 11518.77 supplies LEAs with the ability to reopen, reset, restore, or request a grace period extension; also known as the appeals process. This process is necessary to include, on an emergency basis, as LEAs may have irregular testing situations and this proposed language provides the process in which LEAs are to follow.

Lastly, the transition to an online test delivery system inevitably brings new terms, as well as changes to procedures, that need to be defined or explained. To provide

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consistent language between the ELPAC and CAASPP, these new definitions and procedures are included in the proposed amended regulations in section 11518, subdivisions (e), (f), (g), (h), (n), (o), (u), (aa), (aj), (al), (ap), (as), (at), (av), and (aw). Because this transition is currently in process, it is on an emergency basis that these amended regulations need to be approved to provide LEAs with the most current information.

The following timeline illustrates the necessity of emergency regulations in order for the CDE to maintain compliance until permanent regulations become final.

Action* Estimated Completion DateInitial ELPAC testing window opens July 1, 2019

SBE approves agenda items for the commencement of the emergency regulations and approves commencement of the amendments to the permanent rulemaking process

July 10–11, 2019

CDE pre-notices the emergency regulations for five working days

July 12-19, 2019

Submit emergency rulemaking package to OAL for 10-day review

July 22, 2019

Public comment period for permanent rulemaking process

July 27–September 9, 2019

Emergency regulations effective for 180 days August 1, 2019–January 27, 2020

For SBE approval, CDE develops Final Statement of Reasons based upon public comment(s) or amends regulations and prepares for 15-day comment period

September 10–16, 2019

CDE’s statewide trainings begin for summative ELPAC

October 2019

SBE adopts Final Statement of Reasons and proposed regulations or approves 15-day comment period

November 6–7, 2019

CDE submits regular rulemaking to OAL (if no 15-day comment period is necessary)

November 15, 2019

OAL approval of permanent regulations January 2, 2020ELPAC summative assessment window opens

February 1, 2020

These actions represent a small, but relevant, fraction of the detail of the adoption process.

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These Issues Could Not Be Addressed Through Nonemergency RegulationsFollowing the regular rulemaking schedule to make the proposed amendments to the regulations, rather than adopting the regulations on an emergency basis, will cause the ELPAC assessments to be out of alignment with the transition and cause the ELPAC assessments to be inefficiently and ineffectively administered in the 2019–20 school year. If the ELPAC online assessments are administered under the current regulations, students will not benefit from the expanded accessibility resources which provide balanced and fair administrations. Further, if the regulations regarding accessibility resources are not approved, this could impact English language development services because reporting measures may not be accurate, reliable, fair, and valid, and students, parents, and LEAs will lose the benefit of efficiencies resulting from the change to electronic reporting of student scores and electronic record keeping.

NON-DUPLICATIONGovernment Code section 11349 prohibits unnecessary duplication of state or federal statutes in regulation. In this case, duplication of certain state statutes in the proposed emergency regulations is necessary for purposes of clarify and ease of reading.

AUTHORITY AND REFERENCEAuthority: Sections 306, 313, 33031, and 60810 Education Code.

References: Sections 306, 313, 37200, 51210, 51220, 56034, 56345, 60640, 60810, 60812, and 60900, Education Code; 20 U.S.C. Sections 1400 et seq., 1401, 1412, 6311, 6312, 6821, 6823, 6825, 6826, 6841, 6843, and 7801; 29 U.S.C. Section 794, and 34 Code of Federal Regulations Parts 200.6. and 300.160.

INFORMATIVE DIGESTEducation Code section 313 requires school districts, county offices of education and charter schools, collectively referred to as local educational agencies (LEAs), to assess English language proficiency (ELP) of their pupils to the extent required by federal and state law. Assessment of a pupil’s ELP is required upon initial enrollment after a survey of a pupil’s language indicates a primary or native language other than English, and annually thereafter until a pupil is redesignated as English proficient. The CDE is responsible for the oversight of the state test of ELP, as set forth in Education Code sections 313 and 60810.

Assembly Bill (AB) 124 (Chapter 605, Statutes of 2012) required the State Superintendent of Public Instruction, in consultation with the SBE, to update, revise, and align English Language Development Standards (ELD Standards) to the State’s English language arts standards. As required by AB 124, the SBE adopted the updated and revised ELD Standards in November 2012.

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Education Code section 60810, subdivisions (d) and (f), requires two separate assessments: (1) an initial assessment to determine if a pupil is an English learner (EL), as defined by Education Code section 306; and (2) an annual summative assessment to identify an EL’s level of ELP, and also to measure an EL’s progress in learning English. Combined, these assessments are described as the English Language Proficiency Assessments for California (ELPAC). The initial and summative ELPAC are aligned to the 2012 ELD Standards, as required by Education Code section 60810, subdivisions (c)(5) and (e)(7) (SB 201, section 6). The ELPAC assessments replaced the California English Language Development Test, as specified in Education Code section 60810(f) (SB 201, section 5) and Education Code section 60810(h) (SB 201, section 6).

The ELPAC regulations were approved by the Office of Administrative Law (OAL) on June 5, 2017, and became effective on October 1, 2017. Based on educator and test examiner feedback from the field test and operational administrations, information from cognitive labs, and changes deemed necessary by the test contractor and the CDE, the CDE proposed amendments to the regulations to the SBE in July 2018. The SBE approved emergency regulations as well as the commencement of the rulemaking process for amendments to the ELPAC regulations. A 45-day public comment period from July 27, 2018, through September 10, 2018 was held. No public comments were received during this public comment period nor during the public hearing held on September 10, 2018. In November 2018, the SBE re-adopted the emergency regulations and approved the permanent rulemaking file that was submitted to OAL for final approval. The OAL approved the regulations on January 1, 2019.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONSThe benefits of the proposed regulations to all eligible pupils include statewide consistency for the administration and scoring of the initial and summative ELPAC and the Alternate ELPAC. Also, this would align the administrative procedures of the ELPAC to the CAASPP, including the procedures for alternate assessments, which reduces burdens on local educational agencies. The proposed regulations include additional definitions and assessment-specific language resulting from the transition from a paper-pencil based administration to an online test delivery system, substantial expansion of resources to increase equitable access for pupils, revision of language for electronic score reporting, and revisions to clarify the transition to electronic agreement to testing security forms.These regulations propose a consistent procedure for statewide administration of the ELPAC by local educational agencies so all eligible pupils have access to valid and reliable assessments of ELP, consistent with state and federal law.

TECHNICAL, THEORETICAL, AND/OR EMPIRICAL STUDY, REPORTS, OR DOCUMENTS RELIED UPONThe SBE relied upon the English Language Proficiency Assessments for California Accessibility Resources for Operational Testing (May 20, 2019) in proposing the adoption of these regulations, which is attached to this Finding of Emergency.

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MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTSThe proposed regulations do not impose a reimbursable mandate on the LEA.

COST OR SAVINGS TO ANY STATE AGENCYThese emergency regulations will not result in any additional costs or savings to LEAs, state agencies, or federal funding to the State.

NON-DISCRETIONARY COSTS OR SAVINGS IMPOSED UPON LOCAL AGENCIESThe emergency regulations will not result in any additional non-discretionary costs or savings upon local agencies.

FISCAL IMPACT ESTIMATIONThese emergency regulations will not result in any additional costs or savings to state agencies, or federal funding to the State. These emergency regulations will not result in any additional cost to any local agency or school district that is required to be reimbursed under Government Code section 17500 et seq. The emergency regulations will not result in any additional non-discretionary costs or savings upon local agencies

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pptb-adad-jul19item02Attachment 2Page 1 of 29

ATTACHMENT 2: EMERGENCY REGULATIONS The State Board of Education has illustrated changes to the original text in the

following manner: text originally proposed to be added is underlined; text proposed to be deleted is displayed in strikeout.

Title 5. EDUCATIONDivision 1. California Department of Education

Chapter 11. Special ProgramsSubchapter 7.6. English Language Proficiency Assessments for California

(ELPAC)Article 1. General

§ 11518. Definitions.The following definitions apply to the ELPAC:

(a) “Accommodations” means resources documented in a pupil's individualized

education program (IEP) or Section 504 Plan that an eligible pupil regularly uses in the

classroom for instruction and/or assessment(s) and that are 1) either utilized in the

assessment environment or 2) consist of changes in procedures or materials that

increase equitable access to the assessment. Accommodations may not fundamentally

alter the comparability of test scores.

(b) “Administration” means an eligible pupil's attempt to take any part of the ELPAC

initial or summative assessment.

(c) “Alternate assessment” or “Alternate ELPAC,” when operational, is an alternate

means, identified in an the IEPs for eligible pupil's pupils with the most significant

cognitive disabilities IEP, to measure English language proficiency.

(d) “Annual summative assessment window” begins on February 1 and ends on

May 31 of each school year.

(e) “Assessment management system” means the test operations management

system that is a set of web applications that manage the registration of pupils for tests,

machine or hand scoring of test items, integration of item scores into an overall test

score, and delivery of scores to the data warehouse.

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(f) “Assessment technology platform” means the underlying computer systems on

which ELPAC applications run. It is comprised of two components, the assessment

management system and the test delivery system.

(g) “Data warehouse” means a comprehensive storehouse of test registrations and

results and a system to generate reports on, or extracts of, that data.

(h) “Designated interface assistant” is an employee of a local educational agency

(LEA), trained as an ELPAC test examiner who is available to assist pupils who need

assistance with response entry into the online test delivery system; this is a non-

embedded designated support.

(ei) “Designated supports” are resources that an eligible pupil regularly uses in the

classroom for instruction and/or assessment(s) and that are available for use by any

pupil for whom a need has been indicated, prior to assessment administration, by an

educator or a team of educators (with parent/guardian and pupil input, as appropriate)

or specified in the pupil's IEP or Section 504 Plan.

(fj) “Domain” means listening, speaking, reading, or writing, as described in

Education Code section 60810.

(gk) “ELPAC initial assessment criterion” means a performance-level cut score on

the initial assessment that is at or above the State Board of Education (SBE)-approved

definition of English language proficient.

(hl) “ELPAC test examiner” means is an employee or contractor of an local

educational agency (LEA) or nonpublic school (NPS) who signs the has electronically

agreed to an ELPAC Test Security Affidavit, who is proficient in English and has

complete command of pronunciation, intonation, and fluency, and who certifies that he

or she has completed completion of training in the administration of the ELPAC.

(im) “ELPAC trainer” means is an employee or contractor of an local educational

agency (LEA) or nonpublic school (NPS) responsible for the annual training of ELPAC

test examiners.

(n) “Embedded” means a resource, whether a universal tool, designated support, or

accommodation, that is part of the test delivery system for the computer-based ELPAC.

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(o) “Expandable passages” and “expandable items” are embedded accessibility

resources that allow the passage or item to take up a larger portion of the computer

screen.

(jp) “Excessive materials” means the difference between the total number of paper

tests scored and 90 percent of the paper tests ordered annually by the LEA.

(kq) “Grade” means the grade in which a pupil is enrolled at the time of testing, or if

enrolled in an ungraded program, the grade to which the LEA assigns the pupil for

assessment purposes.

(lr) “Initial assessment” means the ELPAC assessment that is locally scored and is

used to determine the English language proficiency of eligible pupils, as specified in

section 11518(yag) or section 11518.20.

(ms) “Initial assessment window” begins on July 1 and ends on June 30 of each

school year.

(nt) “Initial California enrollment” means the first day on which a pupil is in

attendance in a California public school.

(u) “Instructional supports” are all supports, including those supports documented in

a pupil’s IEP or Section 504 Plan, that may be used in daily instruction and for

assessment(s), including language and physical supports.

(ov) “Local educational agency (LEA)” means an elementary, high school, and

unified school district, county office of education, any charter school that for

assessment purposes does not elect to be part of the school district or county office of

education that granted the charter, and any charter school chartered by the SBE.

(pw) “LEA ELPAC coordinator” meansis an employee of an LEA who is designated

by the LEA superintendent to oversee the administration of the ELPAC assessments.

(qx) “LEA superintendent” for purposes of these regulations includes an

administrator of a charter school that is an LEA as defined by subdivision (ov).

(ry) “Local scoring tool (LST) correspondence administrator” meansis an employee

of an LEA who enters pupils' initial assessment scores into the local scoring tool from

the score sheet in the answer book and has the authority to generate reports of pupils'

aggregate and individual scores at the LEA level.

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(sz) “LST data entry staff” meansis an employee of an LEA who enters pupils' initial

assessment scores into the local scoring tool from the score sheet in the answer book

and has the authority to print individual pupil score reports at the site level.

(aa) “Non-embedded” means a resource, whether a universal tool, designated

support, or accommodation, that may be provided by the LEA and is not part of the test

delivery system for the computer-based ELPAC.

(tab) “Nonpublic schools (NPS)” means nonpublic, nonsectarian schools as

described in Education Code section 56034.

(uac) “Personally identifiable information” includes a pupil's name and/or any other

direct personal identifiers, and indirect identifiers, such as the pupil's address and

personal characteristics, and other information that makes a pupil's identity traceable

through the use of a single or multiple data source(s), including publicly available

information.

(vad) “Primary or native language” means the language used by a pupil, as

identified in accordance with the survey conducted pursuant to section 11518.5(a).

(wae) “Proctor” meansis an employee or contractor of an LEA or NPS who signs the

electronically agrees to an ELPAC Test Security Affidavit and completes training

designed to prepare him or her the employee to assist the test examiner in the

administration of the ELPAC.

(xaf) “Pupil” refers to a student enrolled in a California public school or NPS.

(yag) “Pupil eligible for the initial assessment” meansis: (1) a pupil whose primary or

native language is a language other than English as determined by the survey

conducted pursuant to section 11518.5(a), or who is identified for administration of the

initial ELPAC assessment pursuant to section 11518.20(a); (2) who has not previously

been classified as an English learner (EL) by a California public school; and (3) who

has no record of results from an administration of the California English Language

Development Test, or the ELPAC initial or summative assessment.

(zah) “Pupil eligible for the summative assessment” meansis a pupil who is

classified as EL in accordance with these regulations.

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(aaai) “Pupil with a disability” meansis a pupil who has an IEP in accordance with

Education Code section 56345 or a Section 504 Plan in accordance with the provisions

of Section 504 of the Rehabilitation Act of 1973 (209 U.S.C. section 794).

(aj) “Pupils with the most significant cognitive disabilities” are pupils with a disability

or disabilities, as defined under title 20 United States Code section 1401(3), that

significantly impact(s) cognitive functioning and adaptive behavior and who require

extensive, direct individualized instruction and substantial supports to achieve

measurement on academic standards, provided that:

(1) The identification of a pupil as having a particular disability as defined in

Individuals with Disabilities Education Act, title 20 United States Code section 1400, et

seq., shall not determine whether or not a pupil is a “pupil with the most significant

cognitive disabilities;” and

(2) A “pupil with the most significant cognitive disabilities” must not be identified as

such based solely on the pupil’s previous low academic achievement or the pupil’s

previous need for accommodations to participate in general statewide or local

assessments.

(3) For purposes of this definition, “adaptive behavior” means behavior essential for

someone to live independently and to function safely across three domains of daily life

skills: conceptual (e.g., language, functional academics, self-direction, money

management, and time concepts); social (e.g., interpersonal skills, responsibility, self-

esteem, wariness/naïveté, follow rules, etiquette, and social problem solving); and

practical (e.g., activities of daily living, occupational skills, safety, healthcare, and

travel).

(abak) “Record of results” includes:

(1) Pupil test results on the initial and/or summative assessment; and

(2) Parent or guardian notification letter of pupil results.

(al) “Registration system” means the mechanism that provides administrators with

the tools to manage users and pupils participating in the computer-based ELPAC. The

system uses a role-specific design to restrict access to certain tasks based on the

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user’s designated role as well as to manage pupils’ default test settings, designated

supports, and accommodations.

(acam) “Resource” refers to a universal tool, designated support, accommodation,

or an unlisted resource approved pursuant to section 11518.35. Resources (including

approved unlisted resources) do not change the construct of the assessment.

(adan) “Scribe” meansis an employee or contractor of an LEA or NPS which is

responsible to implement a pupil's IEP, who signs electronically agrees to an ELPAC

Test Security Affidavit, and completes training to transcribe a pupil's responses to the

format required by the ELPAC assessment(s). A parent, guardian, or sibling of a pupil

is not eligible to be that pupil's scribe.

(aeao) “Site ELPAC coordinator” meansis an employee of an LEA designated by

the LEA, or a person designated by an NPS, to oversee the administration of ELPAC

assessments for each test site.

(ap) “Streamlining” means a designated support on a computer-based assessment

that provides an alternate display of an item, stacked into instructions, stimuli, and

response choices.

(afaq) “Summative assessment” means the annual administration of the ELPAC

assessment to identify a pupil's level of English language proficiency and assess a

pupil's progression in acquiring skills of listening, speaking, reading, and writing.

(agar) “Test contractor” meansis the contractor responsible for the development and

administration of the ELPAC pursuant to Education Code section 60810.

(as) “Test delivery system” consists of the electronic systems used to display test

items, accept and store item responses, score items, and restrict access to outside

sources. The test delivery system includes technology required to administer computer-

based tests.

(at) “Test administration manual (TAM)” means the instructions provided by the

ELPAC contractor for the purpose of training and administering of the respective

ELPAC tests that must be adhered to in order to ensure the security of valid and

reliable tests and the reporting of accurate results.

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(ahau) “Test materials” include, but are not limited to, administration manuals,

administrative materials, test books, practice tests, scratch paper, answer books,

answer keys, scoring rubrics, and any of the materials developed and provided by the

test contractor.

(av) “Test navigation assistant” is an ELPAC test examiner who is trained to assist

pupil(s) with test navigation; this is a non-embedded universal tool.

(aw) “Translator” is a person who has been assigned to translate the test directions

into the pupil’s primary language defined in section 11518(ad), who electronically

agrees to an ELPAC Test Security Affidavit, as identified in section 11518.50, and who

has received training specifically designed for preparation to assist the test examiner in

the administration of the assessments pursuant to Education Code section 60810. A

pupil’s parent, guardian, or sibling is not eligible to be the pupil’s translator. A translator

must be:

(1) an employee of an LEA; or

(2) an employee of the NPS; or

(3) a person supervised by an employee of an LEA or an employee of the NPS.

(aiax) “Universal tools” means resources available to all pupils who are

administered the ELPAC assessments.

(ajay) “Unlisted resource” means an instructional support that a pupil regularly uses

in daily instruction and/or assessment that has not been previously identified as a

universal tool, designated support, or accommodation.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 306, 313,

56034, 56345, and 60810, Education Code; 20 U.S.C. Sections 1400, et seq., 1401(3);

29 U.S.C. Section 794; and 34 Code of Federal Regulation Section 200.6.

Article 2. Administration for Pupils Other than Pupils with a Disability§ 11518.5. Initial Assessment.

(a) At or before the time of a pupil's initial California enrollment, an LEA shall

conduct, in writing, a parent or guardian survey to identify whether the primary or native

language of their pupil is a language other than English.

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(b) If a parent or guardian survey response indicates English as the pupil's primary

or native language, the pupil shall be classified English Only (EO).

(c) If a parent or guardian survey response indicates a primary or native language

other than English, and the LEA determines the pupil is eligible for the initial

assessment, the LEA shall promptly notify the parent or guardian in writing, prior to the

administration of the assessment that the LEA will administer the ELPAC initial

assessment to the pupil in accordance with subdivision (de).

(d) The initial assessment, pursuant to Education Code section 60810, shall be

administered, scored, transmitted, and/or returned by LEAs in accordance with the

corresponding TAMs or other instructions provided by the contractor or the California

Department of Education (CDE) for administering, scoring, transmitting, and/or

returning the tests, unless specifically provided otherwise in this subchapter, including

instructions for administering the test with universal tools, designated supports,

accommodations, unlisted resources or instructional supports, where appropriate, as

specified in section 11518.35. The procedures shall include, but are not limited to,

those designed to ensure the uniform and standardized administration, the scoring of

the tests to pupils, the security and integrity of the test content and test items, and the

timely provision of all required pupil and school level information.

(de) The LEA shall administer the initial assessment, locally produce the official

score for the initial assessment in accordance with the directions of the test contractor,

and notify the parent or guardian, in writing, of the results of the ELPAC initial

assessment within 30 calendar days after the pupil's date of initial California

enrollment, or, if administered prior to the pupil's initial date of California enrollment, up

to 60 calendar days prior to such enrollment, but not before July 1 of the school year of

the pupil's initial enrollment. The notice shall include whether or not the pupil met the

ELPAC initial assessment criterion for proficiency and the LEA's contact information for

use if the pupil's parent or guardian has questions or concerns regarding the pupil's

classification.

(ef) If the pupil does not meet the ELPAC initial assessment criterion for proficiency,

the LEA shall classify the pupil as EL.

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(fg) If the pupil meets the ELPAC initial assessment criterion for proficiency, the

LEA shall classify the pupil as Initial Fluent English Proficient (IFEP).

(gh) A pupil shall be administered the initial assessment only once over the course

of the pupil's enrollment in the California public school system, as verified by the LEA

through a review of the California Longitudinal Pupil Achievement Data System

(CALPADS) data prior to administering the initial assessment to a pupil.


60810, and 60900, Education Code; and 20 U.S.C. Sections 6311, 6312, 6821, 6823,

6825, 6826, and 7801.

§ 11518.15. Summative Assessment.(a) An LEA shall administer the ELPAC summative assessment to all eligible pupils

during the annual summative assessment window.

(b) The summative assessment, pursuant to Education Code section 60810, shall

be administered, scored, transmitted, and/or returned by LEAs in accordance with the

corresponding TAMs or other instructions provided by the contractor or the CDE for

administering, scoring, transmitting, and/or returning the tests, unless specifically

provided otherwise in this subchapter, including instructions for administering the test

with universal tools, designated supports, accommodations, unlisted resources or

instructional supports, where appropriate, as specified in section 11518.35. The

procedures shall include, but are not limited to, those designed to ensure the uniform

and standardized administration, the scoring of the tests to pupils, the security and

integrity of the test content and test items, and the timely provision of all required pupil

and school level information.

(bc) The LEA shall notify each pupil's parent or guardian of the pupil's test

contractor-scored summative assessment results within 30 calendar days following

receipt of the test results from the test contractor. If the test results are received from

the test contractor after the last day of instruction for the school year, the LEA shall

notify each pupil's parent or guardian of the pupil's results within 15 working days of the

start of the next school year.

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60810 and 60900, Education Code; and 20 U.S.C. Sections 6311, 6312, 6823, 6825,

and 6826.

§ 11518.20. Correction of Classification Errors.(a) If a pupil is classified as EO pursuant to section 11518.5(b), but the LEA has an

indication that the pupil's primary or native language is not English and the pupil is

unable to perform ordinary classroom work in English, the LEA may collect and review

evidence as described in subdivisions (d)(3) and (d)(4). Based upon this review, the

LEA shall determine whether the pupil shall be administered the initial assessment in

order to determine the pupil's classification. At least 10 calendar days prior to

administration of the initial assessment, the LEA shall notify the pupil's parent or

guardian in writing that the pupil will be assessed. If the LEA administers the initial

assessment and if the pupil does not meet the ELPAC initial assessment criterion for

proficiency, the LEA shall classify the pupil as EL. The LEA shall notify the pupil's

parent or guardian in writing of the results of its review, including the evidence that led

to the determination and the results of the initial assessment, as applicable, within 14

calendar days of its determination. The pupil's parent or guardian shall be entitled to

request that the LEA review its determination following the procedure described in

subdivision (c).

(b) If an LEA administers an initial or summative assessment to a pupil who is not

eligible for the assessment as set forth in section 11518(yag) or (zah), the pupil's

classification shall remain unchanged regardless of the assessment results, and the

LEA shall not maintain any such results as a pupil record, including in CALPADS.

(c) Following the administration of the initial assessment to a pupil, but before the

administration of the summative assessment to that pupil, upon request from the pupil's

parent or guardian or a certificated employee of the LEA, an LEA shall collect and

review evidence, as described in subdivision (d), about the pupil's English language

proficiency. Based upon its review of the evidence, the LEA shall determine whether

the pupil's classification should remain unchanged or be changed. The LEA shall notify

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Page 11 of 29

the pupil's parent or guardian in writing of the results of the review within 14 calendar

days of its determination. This review shall occur only once over the course of the

pupil's enrollment in the California public school system.

(d) Evidence about the English language proficiency of a pupil for purposes of

subdivision (c) shall include:

(1) The results of the survey administered pursuant to section 11518.5(a);

(2) The results of the assessment of the pupil's proficiency in English, using an

objective assessment instrument, including, but not limited to, the initial assessment;

(3) Parent or guardian opinion and consultation results; and

(4) Evidence of the pupil's performance in the LEA's adopted course of study,

including courses as described in Education Code sections 51210 (for pupils in grades

1 to 6) and 51220 (for pupils in grades 7 to 12) and English language development, as

applicable, obtained from the pupil's classroom teacher and other certificated staff with

direct responsibility for teacher or placement decisions.

(e) During the time evidence is being collected and reviewed, the pupil shall retain

his or her original classification.


51210, 51220, 60810, and 60900, Education Code; and 20 U.S.C. Sections 6311,

6312, 6821, 6823, 6825, 6826, and 7801.

Article 3. Administration, Pupils with a Disabilities§ 11518.25. Pupils with Disabilities.

(a) Except as otherwise provided in this Article, all provisions of Article 2 shall apply

to pupils with disabilities.

(b) When administering an initial or summative assessment to a pupil with a

disability, the LEA shall provide the designated supports and the accommodations

specified in section 11518.35 in accordance with the pupil's IEP or Section 504 Plan.

(c) When a pupil's IEP or Section 504 Plan specifies that the pupil has a disability

that precludes assessment such that there are no appropriate accommodations for

assessment in one or more of the listening, speaking, reading, and writing domains, the

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Page 12 of 29

pupil shall be assessed in the remaining domains in which it is possible to assess the

pupil.

(1) A pupil may be assigned an overall score only if assessed in both oral and

written language. To be considered assessed in oral language, the student must have

been assessed in either listening or speaking. To be considered assessed in written

language, the student must have been assessed in either reading or writing.

(d) Once the Alternate ELPAC referenced in section 11518.30(b), (c), and (d) is

operative, if the pupil's IEP team determines that the pupil has a significant cognitive

disability and is eligible for the Alternate ELPAC, section 11518.25(c) will not apply.


37200, 60810 and 60900, Education Code; 20 U.S.C. Sections 1412, 6311, 6312,

6821, 6823, 6825 and 6826; and 34 Code of Federal Regulations Section 200.6(h)(4).

§ 11518.30. Local Alternate English Language Proficiency Assessments.(a) When a pupil's IEP team determines that the pupil has a significant cognitive

disability such that the pupil is unable to participate in the initial or summative

assessment, or a section of either test, even with resources, the pupil shall be

assessed using a locally administered alternate assessment(s) for English language

proficiency, as specified in the pupil's IEP.

(b) Subsection (a) will cease to apply once the Alternate ELPAC is operational, at

which time subsections (c), (d), (e), and (f) will be in effect.

(c) When a pupil's IEP team determines that a pupil has a significant cognitive

disability such that the pupil is unable to participate in the initial or summative

assessment, or a section of either test, even with resources, the pupil shall be

assessed using the statewide alternate assessment(s) , initial or summative, for English

language proficiency, as specified in the pupil's IEP.

(d) Administration of the alternate assessment to eligible pupils shall be one-on-one

(test examiner to pupil).

(e) Depending upon the pupil’s disability or needs, the alternate assessment may or

may not include the pupil’s independent use of the testing interface.

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(f) With the exception of inappropriate test practices listed in the TAM, eligible pupils

may have instructional supports, including physical supports, in addition to resources

documented in the pupil’s IEP.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 306, 313

and 60810, Education Code; 20 U.S.C. Sections 1412, 6311, 6821, 6823, 6825 and

6826; and 34 Code of Federal Regulations Section 200.6(h)(5).

Article 4. ELPAC Resources§ 11518.35. Use of Universal Tools, Designated Supports, and Accommodations.

(a) An LEA may provide all pupils with one or more of the following embedded

universal tools, delivered through the online ELPAC test delivery system, for any of the

domains of listening, speaking, reading, and writing:

(1) Breaks between the contractor-identified test sections, including administering

separate test sections on separate days;

(2) Digital notepad;

(3) Expandable items;

(4) Expandable passages;

(5) Highlighter;

(6) Keyboard navigation;

(7) Liner reader;

(8) Mark for review;

(9) Strikethrough;

(10) Writing tools; and

(11) Zoom.

(ab) An LEA may provide all pupils with one or more of the following non-embedded

universal tools on the ELPAC for any of the domains of listening, speaking, reading,

and writing:

(1) Breaks, including testing over more than one day, between the test contractor-

identified test sections;

(2) Scratch paper;

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(3) Oral clarification of test directions by the test examiner in English;

(4) Sufficient time to complete the test;

(54) Pupil use of highlighter(s) in the test book for grades two through twelve; and

(65) Pupil use of marking in the test book for grades three through twelve (non-

highlighter).

(6) Line reader;

(7) Mark for review;

(8) Strikethrough; and

(9) Test navigation assistant.

(c) An LEA shall provide eligible pupils one or more of the following embedded

designated supports, delivered through the online ELPAC test delivery system, for the

domains of listening, speaking, reading, and writing, only as described below, if

specified in the pupil's IEP or Section 504 Plan, or for which need is indicated as

described in section 11518(i):

(1) Color contrast;

(2) Masking;

(3) Mouse pointer;

(4) Noise buffers;

(5) Pause or replay the audio during the administration of test stimuli and questions

for the listening domain;


for the speaking domain;

(7) Print on demand;

(8) Streamline; and

(9) Turn off any universal tool(s).

(bd) An LEA shall provide eligible pupils one or more of the following non-

embedded designated supports on the ELPAC for the domains of listening, speaking,

reading, and writing, only as described below, if specified in the pupil's IEP or Section

504 Plan, or for which need is indicated as described in section 11518(ei):

(1) Amplification;

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(2) Color contrast;

(13) Color overlay;

(2) Covered overlay, masks, or other means to maintain visual attention to the test

consistent with the test contractor's test directions;

(4) Designated interface assistant;

(35) Magnification;

(6) Masking;

(7) Medical supports;

(4) Audio or oral presentation of test directions in English, which may be repeated

as requested by the pupil;

(5) Adjustments to setting, including most beneficial time of day, special lighting or

acoustics, special or adaptive furniture, audio amplification equipment; and testing the

pupil in a separate room provided that the pupil is directly supervised by an employee

of the school district or nonpublic school who has signed the ELPAC Test Security

Affidavit;

(68) Noise buffers (e.g., individual carrel or study enclosure, or noise-cancelling

headphones);


for the listening domain;

(10) Pause or replay the audio during the administration of test stimuli and

questions for the speaking domain;

(11) Read aloud items for writing domain;

(12) Separate setting (e.g., most beneficial time, special lighting or acoustics,

adaptive furniture);

(13) Simplified test directions;

(14) Translated test directions; and

(715) Manually Coded English or American Sign Language (ASL) to present test

directions for administration (does not apply to test questions).

(e) An LEA shall provide eligible pupils one or more of the following embedded

accommodations, delivered through the online ELPAC test delivery system, for the

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domains of listening, speaking, reading, and writing, only as described below, if

specified in the pupil's IEP or Section 504 Plan:

(1) American Sign Language (ASL) or Manually Coded English for test questions

that assess the domains of listening, speaking, and writing, presentation of, and

responses to, test questions. Pupil responses must be transcribed into the test delivery

system by the ELPAC test examiner or scribe;

(2) Audio transcript (includes braille transcript);

(3) Braille (embossed and refreshable);

(4) Closed captioning; and

(5) Text to speech for test directions (in English) in all domains as well as for the

listening, speaking, and writing stimuli and test items.

(cf) An LEA shall provide eligible pupils with a disability with the following non-

embedded accommodations on the ELPAC for the domains of listening, speaking,

reading, and writing, only as described below, if specified in the pupil's IEP or Section

504 Plan:

(1) Alternate response options (paper-based and computer-based administration);

(2) American Sign Language (ASL) or Manually Coded English for test questions

that assess the domains of listening, speaking, and writing, as well as for presentation

of and responses to, test questions via contractor provided videos. Pupil responses

must be transcribed into the answer book by the ELPAC test examiner or scribe;

(3) For test questions that assess the listening domain using streamed audio, the

uUse of audio transcript(s)/written script(s) by the test examiner, for the listening

domain using streamed audio, for pupils for whom streamed audio is not accessible;

(4) Braille (embossed for paper-pencil test);

(15) Braille test materials provided by the test contractor;

(106) Large print versions reformatted from regular print version;

(2) Pause or replay the audio during the administration of test questions for the

listening domain;

(4) Pause or replay the audio during the administration of test questions for the

speaking domain that ask the pupil to summarize an academic presentation;

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(57) For test questions that assess the domains of listening, reading, or writing,

transfer of pupil responses marked in the test book to the answer book by a scribe who

has signed electronically agreed to an ELPAC Test Security Affidavit;

(68) Responses dictated to a scribe for selected response items, including multiple-

choice items;

(79) Speech-to-text Ffor test questions that assess the domain of writing, dictation

by the pupil of responses, including all spelling and language conventions, to a scribe,

audio recorder, or speech-to-text converter;

(810) For test questions that assess the domain of writing, use of word processing

software with the spell and grammar check tools turned off;

(9) For test questions that assess the domains of listening, speaking, and writing,

presentation of, and responses to, test questions using Manually Coded English or

ASL. Pupil responses must be transcribed into the answer book by the ELPAC test

examiner or scribe;

(11) Test questions enlarged through electronic means;

(1211) Supervised breaks within a section of the test;

(1312) For test questions that assess the domains of listening, speaking, and

writing, use of an assistive device that does not interfere with the independent work of

the pupil. Pupil responses must be transcribed into the answer book by the ELPAC test

examiner or scribe; and

(1413) Testing at home or in the hospital by a test examiner.

(d) An LEA may submit a request to the CDE on behalf of a pupil with a disability,

prior to administering an initial or summative assessment, to obtain approval to provide

an unlisted resource. Requests must include:

(1) LEA name and school name;

(2) LEA ELPAC coordinator name, phone number, and e-mail email address; and

(3) A description of the unlisted resource being requested for an ELPAC domain.


and 60810, Education Code; and 20 U.S.C. Sections 1412, 6311, 6312, 6821, 6823,

6825 and 6826.

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§ 11518.37. Unlisted Resources.(a) An LEA may submit, on behalf of a pupil who has an IEP or Section 504 Plan, a

request through the assessment management system to the CDE, prior to the

administration of the ELPAC or the Alternate ELPAC , to allow the use and approval of

an unlisted resource. The LEA ELPAC coordinator or the site ELPAC coordinator shall

make the request on behalf of the LEA ten business days prior to the pupil’s first day of

ELPAC testing. The CDE shall respond to the request within four business days from

the date of the electronic transmission. Transmissions must include:

(1) LEA name and county/district/school code;

(2) School/test site and school code;

(3) LEA ELPAC coordinator name, phone number, and email address;

(4) Site ELPAC coordinator name, phone number, and email address;

(5) Statewide Student Identifier(s) for the pupil(s) for which the unlisted resource(s)

is/are being requested;

(6) ELPAC test and grade;

(7) If the pupil has an IEP, include the primary disability code and/or designated

Section 504 Plan; and

(8) Description of the unlisted resource being requested.

(b) The LEA must annually request approval by the CDE for the use of an unlisted

resource by a pupil.

(c) The use of an unlisted resource by a pupil will not be allowed if the CDE

determines its use threatens the security of the test.

(d) In addition to determining whether the unlisted resource may be used, the CDE

will determine whether the unlisted resource changes the construct being measured by

the ELPAC.

(1) If the CDE determines the unlisted resource changes the construct being

measured, the unlisted resource will not be approved by the CDE but may still be used

by the pupil; although, it will affect the pupil’s overall score and that pupil will receive an

individual score report.

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(2) If CDE determines the unlisted resource does not change the construct being

measured, the unlisted resource will be approved. A pupil using an approved unlisted

resource will receive an individual score report.

(e) The following non-embedded unlisted resources have already been determined

to change the construct being measured on the ELPAC and therefore are not approved

for use during ELPAC testing:

(1) bilingual dictionary;

(2) English dictionary;

(3) signed exact English;

(4) thesaurus;

(5) translations of test items and questions; and

(6) translated word lists.

NOTE: Authority cited: Sections 313, 33031, and 60810, Education Code. Reference:

Section 60640, Education Code; 20 U.S.C. Section 1412(a)(16); and 34 Code of

Federal Regulations Sections 200.1, 200.6 and 300.160.

Article 5. LEA Responsibilities§ 11518.40. LEA ELPAC Coordinator.

(a) No later than April 1 of each year, each LEA superintendent shall designate an

LEA ELPAC coordinator for the following school year. An LEA superintendent shall

notify the test contractor of the identity and contact information for the LEA ELPAC

coordinator. The LEA ELPAC coordinator shall be available throughout the school year

and shall serve as the LEA representative and the liaison between the LEA and the

CDE and the LEA and test contractor for all matters related to the ELPAC and the

Alternate ELPAC. Should the LEA ELPAC coordinator be unavailable for any matter

related to the ELPAC, the LEA superintendent or his or her designee shall serve in the

place of the LEA ELPAC coordinator.

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(b) The LEA ELPAC coordinator shall annually complete all duties in accordance

with instructions from the test contractor. The LEA ELPAC coordinator's responsibilities

include, but are not limited to:

(1) Determining LEA and individual school test material needs in conjunction with

the test contractor.

(2) Ordering materials only for those test examiners who certify they are trained to

administer the ELPAC.

(3) Ensuring delivery, acquisition, and distribution of test materials to individual

schools and sites.

(4) Maintaining security over the test materials and personally identifiable

information using the procedure set forth in section 11518.50. The LEA ELPAC

coordinator shall electronically agree to sign the ELPAC Test Security Agreement and

the ELPAC Test Security Affidavit, as set forth in section 11518.50, and annually

submit a copy of both to the test contractor prior to receipt of test materials. The LEA

shall retain all ELPAC Test Security Agreements and ELPAC Test Security Affidavits

for each site ELPAC coordinator at the LEA office for no less than 12 months from the

date the materials were signed.

(5) Conducting an inventory of test materials immediately upon receipt from the test

contractor.

(6) Following completion of the inventory, ensuring that the test materials are

retained in a secure, locked location, in the secure boxes in which they were received

from the test contractor, until the time they are delivered to the test sites.

(7) Training site ELPAC coordinators annually to oversee test administration and

security at each test site.

(8) Ensuring that all ELPAC test examiners and all other personnel involved in the

direct administration and scoring of the initial and summative assessments are trained

annually, in accordance with instructions from the test contractor.

(9) Assisting the test contractor with the resolution of any discrepancies in pupil test

information and/or test materials including, but not limited to, pre-identification files and

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all errors or discrepancies in pupil-level data files, required to comply with section

11518.45.

(10) Overseeing the collection of all pupil demographic data in accordance with

section 11518.75.

(11) Responding to correspondence and inquiries from the test contractor and the

CDE in a timely manner.

(12) Overseeing the administration of the ELPAC and Alternate ELPAC to eligible

pupils.

(13) Immediately notifying the test contractor of any security breaches or testing

irregularities that occur in the LEA before, during, or after the administration of the

ELPAC in accordance with instructions from the test contractor.

(14) Ensuring all test materials are received from school test sites in sufficient time

to satisfy the requirements of subdivision (b)(16).

(15) Ensuring all test materials received from school test sites have been placed in

a secure location upon receipt of those test materials.

(16) Ensuring all test materials to be scored by the test contractor are inventoried,

packaged, and labeled in accordance with instructions from the test contractor. Test

materials shall be returned to the test contractor at the time and in the manner specified

by the test contractor.

(17) Overseeing the collection and return, or collection and secure destruction, of all

test materials that do not require scoring by the test contractor, in accordance with the

directions of and time periods specified by the test contractor. Test materials that were

administered to pupils who are not eligible for the assessment as set forth in section

11518(yag) or (zah) shall also be securely destroyed or returned, in accordance with

the directions specified by the test contractor.

(18) Upon receiving summary reports and files from the test contractor, reviewing

the files and reports for completeness and accuracy and notifying the test contractor

and the CDE of any errors, discrepancies, or incomplete information as directed by the

test contractor. The LEA coordinator shall certify the accuracy of the apportionment

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information report of the initial and summative assessments administered during the

prior fiscal year if designated to do so by the LEA superintendent.



6825 and 6826; and 34 Code of Federal Regulations Section 200.6.

§ 11518.45. Site ELPAC Coordinator.(a) Annually, each LEA superintendent, or his or her designee, and NPS shall

designate a site ELPAC coordinator for each test site. The site ELPAC coordinator, or

the site principal or his or her designee, shall be available to the LEA ELPAC

coordinator for the purpose of resolving any discrepancies, inconsistencies in test

materials or reports, and/or other issues that arise as a result of the annual

administration of the ELPAC and the Alternate ELPAC at the site.

(b) The site ELPAC coordinator shall annually complete all duties in accordance

with instructions from the test contractor. The site ELPAC coordinator's responsibilities

include, but are not limited to, all of the following:

(1) Determining site test material needs and communicating the site needs to the

LEA ELPAC coordinator.

(2) Arranging for test administration at the site.

(3) Annually, Electronically agreeing to completing the ELPAC Test Security

Agreement and ELPAC Test Security Affidavit prior to the receipt of test materials.

(4) Providing test materials only to those persons who have been trained to

administer the ELPAC, have executed ELPAC Test Security Affidavits, and who are

administering the ELPAC.

(5) Overseeing test security requirements, including the collection of all completed

electronic agreements to ELPAC Test Security Affidavits from allthe test examiners and

other site personnel involved with testing.

(6) Securely storing signed ELPAC Test Security Affidavits, other than the site

ELPAC coordinator affidavit, on the school site for no less than 12 months from the

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date the materials were signed. The site ELPAC coordinator's ELPAC Test Security

Affidavit shall be stored as specified in section 11518.40(b)(4).

(76) Maintaining security over the test materials and test data as required by section

11518.50.

(87) Overseeing the acquisition of test materials from the LEA ELPAC coordinator

and the distribution of test materials to the test examiner(s) on the date of testing in

accordance with instructions from the test contractor.

(98) Overseeing the administration of the ELPAC and the Alternate ELPAC to

eligible pupils at the test site.

(109) Immediately notifying the LEA ELPAC coordinator of any security breaches or

testing irregularities that occur before, during, or after the administration of the ELPAC

that violate the terms of the ELPAC Test Security Affidavit in section 11518.50, in

accordance with instructions from the test contractor.

(1110) Collecting and returning all testing materials to the LEA ELPAC coordinator

after testing has concluded, in accordance with instructions from the test contractor.

(1211) Assisting the LEA ELPAC coordinator and the test contractor in the

resolution of any discrepancies between the numbers of tests received from the LEA

ELPAC coordinator and the number of tests collected and returned to the LEA ELPAC

coordinator after testing has concluded.

(1312) Overseeing the collection and accuracy of all pupil demographic data

required by section 11518.75.



6825 and 6826; and 34 Code of Federal Regulations Section 200.6.

.

§ 11518.50. ELPAC Test Security Agreement and ELPAC Test Security Affidavit.(a) Access to the test materials is limited to eligible pupils being administered the

ELPAC and individuals directly responsible for administration of an ELPAC test who

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have signed electronically agreed to the ELPAC Test Security Agreement and ELPAC

Test Security Affidavit, as applicable.

(b) Annually, and before receiving any ELPAC test materials, Aall LEA ELPAC

coordinators and site ELPAC coordinators shall annually sign electronically agree to

the ELPAC Test Security Agreement set forth in subdivision (c) before receiving any

ELPAC test materials.

(c) The ELPAC Test Security Agreement shall be as follows:

ELPAC TEST SECURITY AGREEMENT

I acknowledge by my signature on through my electronic agreement on this form, that

the English Language Proficiency Assessments for California (ELPAC) and Alternate

ELPAC, initial and summative assessments, pursuant to Education Code section

60810 are secure tests and agree to each of the following conditions to ensure test

security:

(1) I will take all necessary precautions to safeguard the security of the test and test

materials, including limiting access to only those individuals in the local educational

agency (LEA) who have responsibilities for the administration of the ELPAC.

(2) I shall have all persons who have access to the test(s) and test materials for the

purpose of administration read and sign electronically agree to the ELPAC Test

Security Affidavit.

(3) Except during the administration of the tests, I will keep the test materials in a

securely locked room which can be accessed only with a key or key card and, when

possible, in a locked storage cabinet within that room.

(4) As a site ELPAC coordinator, I will collect and return all test materials to the LEA

ELPAC coordinator.

(5) As an LEA ELPAC coordinator, I will securely destroy or return all test materials,

in accordance with the directions of and time periods specified by the test contractor.

(6) I will deliver test materials only to those persons who have executed ELPAC

Test Security Affidavits.

By signing my name toThrough my electronic agreement on this document, I am

assuring that I have completely read and will abide by the above conditions.

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Signed: ____________________________________________

Print Name: _________________________________________

Title: _______________________________________________

LEA: ______________________________________________

Date: ______________________________________________

(d) Test examiners, proctors, scribes, LEA ELPAC coordinators, site ELPAC

coordinators, ELPAC trainers, LST correspondence administrators, LST data entry

staff, test navigation assistants, designated interface assistants, and any person having

access to the assessment technology platform for the purpose of administering the

test(s) shall sign electronically agree to the ELPAC Test Security Affidavit set forth in

subdivision (e) before receiving any test materials.

(e) The ELPAC Test Security Affidavit shall be as follows:

ELPAC TEST SECURITY AFFIDAVIT

I acknowledge that I will have access to one or more of the English Language

Proficiency Assessments for California (ELPAC) and Alternate ELPAC, initial and

summative assessments, pursuant to Education Code section 60810, for the purpose

of administering the test(s) to eligible pupils. I understand that these materials are

highly secure and may be under copyright restrictions, and it is my responsibility to

protect their security as follows:

(1) I will not divulge the contents of the test materials to any other person through

verbal, written, or any other means of communication. This includes, but is not limited

to, sharing or posting test content via the Internet or by e-mail email without the

express prior written permission of the California Department of Education (CDE) and

test contractor.

(2) I will not copy or take a photo of any part of the test materials. This includes, but

is not limited to, photocopying (including enlarging) and recording without the express

prior written permission from the CDE and test contractor.

(3) I will keep all test materials secure prior to and following the distribution of the

test(s).

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(4) I will permit eligible pupils access to test materials only during testing periods. I

will permit only eligible pupils who are testing, and individuals participating in the test

administration who have signed electronically agreed to an ELPAC Test Security

Affidavit, to be in the room when and where the ELPAC assessments are being

administered.

(5) I will not allow any pupils to use any electronic devices that allow them to access

outside information, communicate with any other pupils, or photograph or copy test

content. This includes, but is not limited to, cell phones, personal digital assistants,

tablets, laptops, cameras, and electronic translation devices.

(6) When acting as a test examiner, I will: (a) collect and account for all test

materials following each testing session; (b) not permit any pupils to remove any test

materials by any means from the room(s) where testing takes place; and (c) count all

test books and answer books before allowing any pupil to leave the testing room.

(7) I will not review any test questions, passages, or other test items with any pupils

or any other person at any time, including before, during, or following testing. I

understand that this includes any discussion between local educational agency (LEA)

staff for training or professional development, whether it be in a one-on-one or in a staff

meeting setting.

(8) I will not, for any test, develop scoring keys, review any pupil responses, or

prepare answer books. I understand that this includes coaching pupils or providing any

other type of assistance to any pupils that may affect their responses. This includes,

but is not limited to, both verbal cues and nonverbal cues that may indicate correct or

incorrect answers, or completing or changing any pupils' answers.

(9) I will return all test materials to the designated site ELPAC coordinator in

accordance with his or her instructions.

(10) When acting as a test examiner or proctor, I will actively supervise all pupils

throughout the testing session to ensure that they are working on the correct test

section or part, marking their answers in the correct section of their answer books,

following instructions, and are accessing only authorized materials (embedded and

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non-embedded universal tools, designated supports, or accommodations) for the test

being administered.

(11) I will administer the ELPAC in accordance with the directions for test

administration and test administration manuals prepared by the test contractor, or any

additional guidance provided by the test contractor. I understand that the unauthorized

copying, sharing, or reusing of any test book (test books may be appropriately reused

in accordance with the test contractor's terms and conditions), test question, or answer

book by any means is prohibited. This includes, but is not limited to, photocopying,

recording, e-mailingemailing, messaging (instant, text, or multimedia messaging

service, or digital application), using a camera/camera phone, and/or sharing or posting

test content via the Internet without the express prior written permission from the CDE

and test contractor.

(12) I have been trained to carry out my responsibilities in the administration of the

ELPAC.

By signing my name toThrough my electronic agreement on this document, I assure

that I have completely read this affidavit and will abide by the above requirements and

have received all training necessary for the administration of the ELPAC and the

Alternate ELPAC.

Signed: ____________________________________________

Print Name: _________________________________________

Position: ____________________________________________

School: ____________________________________________

LEA: ______________________________________________

Date: ______________________________________________

(f) To maintain the security of the ELPAC, all LEA ELPAC coordinators and site

ELPAC coordinators shall immediately, within 24 hours, notify the test contractor of any

security breaches or testing irregularities occurring before, during, and/or after any

ELPAC test administration(s).

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and 60810, Education Code; and 20 U.S.C. Sections 1412, 6311, 6312, 6821 and

6823; and 34 Code of Federal Regulations Section 200.6.

§ 11518.75. Data Elements for Test Registration, Analysis of Pupil Proficiency, and State and Federal Reporting.

(a) In order to assess all eligible pupils pursuant to Education Code section 60810

and meet state and federal accountability and reporting obligations, each LEA shall

provide any and all program and demographic pupil data requested by the CDE for

inclusion in CALPADS.

(b) In addition to the demographic and program data required to be reported in

subdivision (a) above, each LEA shall report to the test contractor the following

information, as applicable:

(1) Pupil's full name;

(2) Pupil's date of birth;

(3) County-District-School code;

(4) Date testing completed;

(5) Pupil's grade level at time of test administration;

(6) Pupil's gender;

(7) Pupil's most recent prior CELDT or ELPAC scale scores;

(8) Pupil's grade level from the most recent prior CELDT or ELPAC administration;

(9) Pupil’s use of designated support(s);

(10) Pupil’s use of unlisted resource(s);

(911) Pupil's use of accommodation(s);

(1012) Pupil's use of alternate assessment(s);

(1113) Pupil's exemption from assessment in one or more of the domains of

listening, speaking, reading or writing, as set forth in section 11518.25(c); and

(1214) Pupil's Statewide Student Identifier.

(c) The LEA shall ensure that CALPADS data elements are up-to-date and accurate

prior to LEA registration and throughout the testing window. The CDE shall provide

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LEAs reasonable notification prior to extracting pupil demographic and program data

from CALPADS for purposes of test registration, individual pupil reports and reports

aggregated to the LEA, and state and federal accountability reporting.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 313,

60810 and 60812, Education Code; and 20 U.S.C. Sections 1412, 6311, 6312, 6821,

6823, 6825, 6826, 6841 and 6843.

§ 11518.77. Appeals.(a) An appeal is a process where an LEA ELPAC coordinator and/or site ELPAC

coordinator requests that the CDE take one of the actions specified in subdivisions (b)

(1)–(4) due to an event that occurred during the online test administration of the test to

a pupil.

(b) The following appeals may be requested by the LEA ELPAC coordinator and/or

site ELPAC coordinator:

(1) test reopened;

(2) test reset;

(3) test restore; or

(4) grace period extension.

(c) The LEA ELPAC coordinator and/or site ELPAC coordinator must submit an

appeal to address a test security breach or testing irregularity as defined in the TAMs.

(d) All appeals will be reviewed by the CDE and the CDE has authority to approve

or deny the appeal. The CDE will evaluate whether an appeal has an effect on the

integrity, validity, test security, and/or interpretation of the test results.

Note: Authority cited: Sections 306, 313, 33031, and 60810, Education Code.

Reference: Sections 313 and 60810, Education Code.

06-21-19 [California Department of Education]

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CA DEPARTMENT OF EDUCATIONTONY THURMONDState Superintendent of Public Instruction

CA BOARD OF EDUCATIONLINDA DARLING-HAMMOND

President

JULY 12, 2019

NOTICE OF PROPOSED EMERGENCY ACTION

ENGLISH LANGUAGE PROFICIENCY FOR CALIFORNIA (ELPAC)

Adoption of Emergency Regulations, Title 5, Sections 11518, 11518.5, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.37, 11518.40, 11518.45, 11518.50,

11518.75, and 11518.77

Pursuant to the requirements of Government Code section 11346.1(a)(1), the State Board of Education (SBE) is providing notice of proposed emergency action with regards to the above-entitled emergency regulation.

SUBMISSION OF COMMENTS

Government Code section 11346.1(a)(2) requires that, at least five working days prior to submission of the proposed emergency action to the Office of Administrative Law (OAL), the adopting agency provide a Notice of the Proposed Emergency Action to every person who has filed a request for notice of regulatory action with the agency. After submission of the proposed emergency to the OAL, the OAL shall allow interested persons five calendar days to submit comments on the proposed emergency regulations as set forth in Government Code section 11349.6.

Any interested person may present statements, arguments or contentions, in writing, submitted via U.S. mail, email or fax, relevant to the proposed emergency regulatory action. Written comments must be received at the OAL and the California Department of Education within five days after the SBE submits the emergency regulations to the OAL for review.

Please reference submitted comments as regarding “ELPAC” addressed to:

Office of Administrative Law Reference Attorney300 Capitol Mall, Suite 1250Sacramento, CA 95814

Email: [email protected] Fax: 916-323-6826

California Department of EducationPatricia Alverson, Regulations Coordinator1430 N Street, Suite 5319Sacramento, CA 95814

[email protected] 916-319-0155

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For the status of the action submitted by the SBE to the OAL for review, and the end of the five-day written comment period, please consult the website of the OAL at www.oal.ca.gov under the heading “Emergency Regulations.”

05-16-2019 [California Department of Education]

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july 2019 agenda item 03 - meeting agendas (ca state board ... · web viewfifth, proposed section...

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